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Home My WebLink About52000990553000_Variances_05-10-2001Variances 2 Barcode 128 /5-10 20Q\f OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that ^ this instrument # 8SXG33 was filed/recorded in this office for recof^n the 77 day of —---------------------2001 aXWendy L MetCalf. County Recorder^ ^y; -Polity recorrifng fpoT^ --------___well certificate 881693 f- ^ <1. ---- ,THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 A COMPLETE THIS APPLICATION IN BLACK INK 'kit'k Application Fee / Receipt Number / ^ DAYTIME PHONE .^/S'PROPERTY OWNER ADDRESS /^, - .. / , / ■4-€ i /yj ]f ut LAKE NAME TOWNSHIP / 3 (o RANGE J o PARCEL NUMBER iSt o 0^5 9 cy t^S' -?-------- y'i7\. k,, g-LAKE CLASS Cr D TOWNSHIP NAME LaIC^ ____FIRE / LAKE I.D. NUMBER_____ LAKE NUMBER //? O n 'f ZSECTION ■ COOO LEGAL DESCRIPTION X A\>0^ ^ i/ / & , ,1-A'77 TYPE OF VARIANCE REQUESTED (Please Check) Sewage System____Subdivision Cluster_____ Misc. ^Structure Setback Structure Size SPECIFY VARIANCE REQUESTED 6^// 70 /a <-*-4^ I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. -Z TZir z t DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The DateTTime Of Hearing)^tNED ruj> / _ !/"/o l-io/f ^,/~!'5^ ) A May 10, 2001 Page 11 7 /5S33 S'f- / ^ i‘y . , f^i Lr Auy 533 5c^' 5 d^.i p' w536.''i ri'575SV7bdtdcLp^ ^^cUip ^ ^']0> 5^5^19°! '■^ ^Sc /55c? Mi/5^^3/{359^ /\Accepted By Land & Resource L & R Official/Date -V y^/n.Time/yiAzyDate Of Hearing J?/^/ / Motion John and Don Bleichner - Approved with condition. Motion was made by Steve Schierer, second by Randall Mann and unanimously carried, to approve the variance as requested with the condition that the area for each lot as noted on the applicants’ drawing is correct. It should be noted that after the subdivision of Lot 12 the two newly created parcels must contain at least 40,000 square feet. Hardship is three back lots which when platted were standard in size, but due to a change in the ordinance no longer meet the size requirements for platted back lots. The variance as granted will provide two lots that exceed the square footage requirement and that meet or very nearly meet the width requirements of the shoreland management ordinance. Chairman/Otter Tail County Board of Adjustment s) required from Land & Resource Management Yes (Contact Land & Resource Management) PerT €PtUJ3(lM e (Lu^ No Copy of Application Mailed to Applicant And the MN DNR bk 0198-001 291.306 • Victor Lundeen Co.. Prinlors • Fergus Falls. Minnesota -'May 10, 2001 Page 3 and Don Bleichner - Approved with condition. John and Donald Bleichner, Perham, MN, requested a variance to “divide Lot 12 in order to create 1 standard back lot when combined with Lot 11 and a variance of 2!4 feet in width (at N. end only) to make Lot 13 and 14 of 12 into a buildable lot.” The property is described as Lots 11,12 and 13, Block 2, Ridgeview Estates 2"'^ Addition, Big Pine Lake in Pine Lake Township. An email from John G. and Kathryn A. Krueger expressing concern with the applicants’ request was read for the record. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Steve Schierer, second by Randall Mann and unanimously carried, to approve the variance as requested with the condition that the area for each lot as noted on the applicants’ drawing is correct. It should be noted that after the subdivision of Lot 12 the two newly created parcels must contain at least 40,000 square feet. Hardship is three back lots which when platted were standard in size, but due to a change in the ordinance no longer meet the size requirements for platted back lots. The variance as granted will provide two lots that exceed the square footage requirement and that meet or very nearly meet the width requirements of the shoreland management ordinance. Neil Strawhorn - Denied Neil Strawhorn, Vergas, MN, requested a variance of 94’ from the required ordinary high water level setback of 100’ for the replacement of an existing garage with a new garage 6’ from the ordinary high water level (shoreline) or for the repair/replacement of all concrete structures (foundation, floor, apron and sidewalks) associated with the existing garage, which is also located 6’ from the ordinary high water level. It should be noted that if a new garage is approved it would have the same dimensions as the existing garage. The property is described as a 7.57-acre tract in Government Lots 9 and 10, Section 26 and a .66 acre tract in Government Lot 2, Section 35 of Candor Township by Loon Lake. December 14, 2001 Meeting - A letter from Terry Lejcher, Area Hydrologist, with the Minnesota Department of Revenue was read for the record. The letter noted that other alternatives are available and that the hardship necessary to grant the variance as requested was not evident. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Steve Schierer, second by Cecil Femling and unanimously carried, to table the applicant’s request until the next scheduled meeting of the Board of Adjustment which will allow the applicant an opportunity to review and consider if there is an alternative building site at least 50’ from the ordinary high water level. April 5, 2001 meeting - After consideration, a motion was made by Randall Mann, second by Cecil Femling and unanimously carried, to table the applicant’s request until the May meeting of the Board of Adjustment for a determination by the director of the Land and Resource Department as to whether or not the applicant’s proposal is a repair of an existing structure or the replacement of the existing structure. It was noted that the applicant would need to meet with and/or provide the Director with detailed information of his plans so a determination can be made. May 10, 2001 meeting - Charles A. Krekelberg, Attorney, appeared along with and representative Donna Strawhorn at the public hearing. Mr. Krekelberg noted that the applicant is withdrawing his entire original request with the exception of fixing the foundation of the structure, which faces the lake. Mr. Krekelberg noted that the foundation facing the lake would be replaced with a brick wall. Mr. Krekelberg provided a number of pictures to help identify the structure and the project area. Mr. Krekelberg also addressed the sites proposed in the Department of Natural Resources letter dated December 14, 2000 and stated why these location were not suitable. Their was discussion concerning whether the applicant’s proposal was routine maintenance and upkeep of an existing structure or whether the applicant’s proposal was a (partial) replacement of the existing structure. Randall Mann offered a motion to table for clarification from the Land and Resource Office and because of Bill Kalar’s request to have the hearing tabled. Mr. Krekelberg noted that should the Board table the applicant’s request without the applicant’s permission he would, under existing Minnesota Statute, consider the original variance as requested approve by the failure of the Board to act in a timely manner. After additional discussion this motion was withdrawn based on advice from legal counsel and due to the fact that the applicant wanted a decision and would not grant permission to table the request. After additional consideration and discussion, motion was made by Steve Schierer, second by Cecil Femling and carried with Joe Maske abstaining, to deny the variance as originally requested and as modified on May 10, 2001 as there appears to be an alternative site on the applicant’s property for a garage and tabling the request for additional review is not possible without the permission of the applicant. V2=^'4l" c=e 5 $J O=o 22,OCooo88L^5>\o,N _ Q N? 6 SPo .2= 20,600*sari z 21,900* soft. 7810'O to(0 \9:‘o >12b,600*SQ.FT «t)28,400* SO FT T' ■ y 0"EN 89°52‘ 2 / ,147.50*190,00*125.00*125.00*I r-O----c>>■ 397 ™P8,^9B0KL'•i 34,70(1* SO FTO ----'c >■9 / 2 23,750*50. FT. ~'m \c mt (a^9^ Bs'io** L=97 37 N\0>m\oP\o,\4-'-190.00* (89° 5 2^0^(>-g » 30,800*'S0.FT.!•^5 30,200 * 90 FT.i 6/13IIto/{o L= 107.3 2' ^A=102°28*55**q AA= 97047*53" L= 102.41 o1010 Is24,700* so FT V"No4)7*4q**W 200.00 ' |6.6i9,N0°0740W 182.00 9'S190.00*UN89°52'2^ --438.00* N 89052 20’*E -- 455.4B'- - ozFED ROAD S89°52'20“W 1126.48‘ROADTOWNSHIP ScA‘-eJNPLATTED AREA'v. J I,, ■inti■ ■■C9 « ^* K- 1 i